Need Help! Portfolio Recovery,TX lawsuit

[velizma]

1. Who is the named plaintiff in the suit? 

Portfolio Recovery associates 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Rausch STURM

3. How much are you being sued for?

2,198.68

4. Who is the original creditor? (if not the Plaintiff

Synchrony Bank 

5. How do you know you are being sued? (You were served, right?)

Served At Home 

6. How were you served? (Mail, In person, Notice on door)

In person

7. Was the service legal as required by your state?

It was delivered in person but the date of delivery was not endorsed.

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

I ignored it, first, it was PSA, but when the Rausch Sturm Law firm started sending me mail, that's what got my attention.

9. What state and county do you live in?

Montgomery County, Texas

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

July 2017

11. When did you open the account (looking to establish what card agreement may be applicable)?

NOV 2015

12. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

13. What is the status of your case? Suit served? Motions filed? NO You can find this by a) calling the court or  looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit Served

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

None.

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? NO

 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence filed. 

 

 

 

 

 

[nobk4me]

When Synchrony is the OC, arbitration is the best strategy.

[velizma]

How do I file? 

[texasrocker]

4 hours ago, nobk4me said:

When Synchrony is the OC, arbitration is the best strategy.

@fisthardcheese

[velizma]

How would I go about of filing for arbitration? Would I need the agreement from synchrony? Could you provide me with a template on how to do so? 

[velizma]

I submitted a Motion for continuance today, hopefully it get approved by the court. If not trial will be February 21. If the motion is denied, would it be too late to request discover?